AGB
General Terms and Conditions (GTC)
§ 1 Scope of Application
These General Terms and Conditions (GTC) apply to all contracts between [Your Name / Company Name] (hereinafter referred to as "Provider") and the customer regarding the provision of KVM hosting services and related services. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of Contract
The presentation of offers on our website does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum). By submitting the order, the customer makes a binding offer. The provider confirms receipt of the order by e-mail (order confirmation). The contract is concluded with a separate order confirmation or with the provision of the service.
§ 3 Service Description
The provider provides the customer with KVM server resources (vCPU, RAM, SSD storage, network connection) according to the selected package (Small / Medium / Large). The exact service description results from the product description on the website valid at the time of the order. The provider is entitled to technically further develop the infrastructure, provided that the contractually guaranteed performance is not undershot.
The customer receives root access via SSH and is responsible for the administration, security, and operation of the server system, unless a managed service has been separately agreed upon.
§ 4 Customer's Obligations / Acceptable Use
The customer undertakes:
- not to use the services for illegal purposes or to violate the rights of third parties;
- not to spread spam messages, malware, or DDoS attacks via the provided infrastructure;
- to treat access data confidentially and to inform the provider immediately if misuse is suspected;
- to carry out data backups independently, unless a backup service has been agreed upon.
In the event of violations of the terms of use, the provider is entitled to suspend the service without notice.
§ 5 Prices and Payment Terms
All prices are monthly prices plus statutory value-added tax (if applicable). Billing is done monthly in advance. Payment methods: [e.g., PayPal, SEPA direct debit, credit card]. In case of default in payment, the provider is entitled to suspend the service after a reminder.
§ 6 Term and Termination
The contract is concluded for an indefinite period and can be terminated by both parties with a notice period of [e.g., 14 days] to the end of the respective billing period. Termination requires text form (e-mail is sufficient). The right to extraordinary termination for an important reason remains unaffected.
§ 7 Availability and Maintenance
The provider strives for availability in accordance with the valid SLA. Planned maintenance work will be announced in advance if possible. Maintenance times and outages due to force majeure do not give rise to a claim for damages.
§ 8 Liability
The provider is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body, or health. In all other respects, the provider is only liable for the violation of essential contractual obligations (cardinal obligations) and limited to the foreseeable, typical contractual damage. Liability for data loss is limited to the expense that would have been incurred with proper data backup by the customer.
§ 9 Data Protection
The collection and processing of personal data is carried out in accordance with our Privacy Policy.
§ 10 Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for merchants and legal entities under public law is [your location]. Should individual provisions of these GTC be ineffective, the validity of the remaining provisions remains unaffected.
Status: [Month Year]